LRB-2692/3
ARG:jld:rs
2001 - 2002 LEGISLATURE
August 16, 2001 - Introduced by Senators Burke, Moen, Cowles and Roessler,
cosponsored by Representatives
Bock, Musser, Gronemus, Lassa, Berceau,
Sykora, Turner, Albers, Williams, Carpenter, Hahn, Black, Hundertmark
and Lippert. Referred to Committee on Health, Utilities, Veterans and
Military Affairs.
SB233,1,2
1An Act to amend 80.03 (1); and
to create 86.085 of the statutes;
relating to:
2prohibiting construction of a new highway through a veterans cemetery.
Analysis by the Legislative Reference Bureau
Under current law, no town highway may be constructed through or upon a
cemetery without the consent of those having control of the cemetery. Also under
current law, the department of veterans affairs may construct and operate state
veterans cemeteries, which are exempt from the requirements of other cemeteries.
One requirement governing other cemeteries is that no person may construct or open
a highway through or upon property used for the burial of the dead without the
consent of the property owner.
This bill prohibits the construction of a new highway within any portion of a
state or federal veterans cemetery unless the person having legal control of the
cemetery determines that the highway is necessary for purposes related to the
cemetery and that person consents to the highway construction.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB233, s. 1
3Section
1. 80.03 (1) of the statutes is amended to read:
SB233,2,24
80.03
(1) No Except as provided in s. 86.085, no town highway shall be laid out
5through or upon any cemetery without the consent of those having the control of the
1cemetery; or through or upon any structure, yard
, or enclosure used for educational
2or charitable purposes.
SB233, s. 2
3Section
2. 86.085 of the statutes is created to read:
SB233,2,6
486.085 Highways in veterans cemeteries. (1) Except as provided in sub.
5(2), no new highway may be constructed within any portion of the following veterans
6cemeteries:
SB233,2,77
(a) The Southern Wisconsin Veterans Memorial Cemetery near Union Grove.
SB233,2,88
(b) The Northern Wisconsin Veterans Memorial Cemetery near Spooner.
SB233,2,109
(c) The Wisconsin Veterans Memorial Cemetery at the Wisconsin Veterans
10Home at King.
SB233,2,1111
(d) The Wood National Cemetery in Milwaukee.
SB233,2,1212
(e) The Fort Winnebago Soldier's Lot in Portage.
SB233,2,1313
(f) The Fort Crawford Soldier's Lot in Prairie du Chien
SB233,2,1514
(g) Any other veterans cemetery constructed or operated by this state or by the
15federal government within this state.
SB233,2,19
16(2) Subsection (1) does not apply to construction of a new highway within any
17portion of a veterans cemetery if the person having legal control of the cemetery
18determines that the new highway is necessary for purposes related to the veterans
19cemetery and that person consents to the construction.
